This week, the Court of Appeals added some nuance to an issue that has plagued appellants for many years: the calculation of the appeal period when a judgment is not
Continue Reading The Countdown That Ends Before It Even Starts: The Unwritten “Actual Notice” Pathway to Losing Your Right to Appeal
Last month, Beth blogged about an opinion from the Court of Appeals dismissing an appeal for eight appellate rules violations. This month, the Court withdrew its opinion, issued a new
Continue Reading After Further Review, the Ruling on the Field Stands
Last year, my colleague Kip Nelson warned about the risks of failing to provide a fulsome “statement of the grounds for appellate review” in an appellant’s brief, as required by
Continue Reading Proving Appellate Jurisdiction: Do Not Put Off Until Tomorrow What You Can Do Today
Yesterday’s blog post focused on how the Business Court Modernization Act only applies to “actions designated as mandatory complex business cases on or after” October 1, 2014. See Session Law
Continue Reading A Perfect Storm (Part II)—Yet Another Hidden Trap With The Business Court Modernization Act Emerges
Over the past few months, we have shared several potential problems created by the Business Court Modernization Act. Nonetheless, we held a few potential traps close to our vest because,
Continue Reading A Perfect Storm (Part I): How One Business Court Order’s Pathway To Appellate Review Is To Two Different Courts.
Yesterday the North Carolina Court of Appeals issued what I am going to be so bold as to call the most highly anticipated opinion in 2015 for appellate practitioners. For
Continue Reading Ehrenhaus Is Here To Stay
In March, we blogged about a chart summarizing post-Dogwood opinions involving appellate rules violations. Drew and Carrie may be adding another entry to their chart. In an opinion authored
Continue Reading Citation to Legal Authority: What is Required to Comply with Appellate Rule 28(a)?
Last week the North Carolina Court of Appeals dismissed an appeal based on what it described as “substantial noncompliance” with the appellate rules. The dismissal in Smith v. North Carolina
Continue Reading Dismissal After Diligent (but Failed) Attempt to Get Transcript
How is that possible? The scenario is actually quite simple:
Timely Filed Notice of Appeal + Timely Date on Certificate of Service + Untimely Postmark Date
Continue Reading Timely Filed Notice of Appeal Dismissed as Untimely
On March 7, 2008, the North Carolina Supreme Court issued Dogwood Dev. & Mgmt. Co., LLC v. White Oak Transp. Co., probably the most important appellate rules opinion of its
Continue Reading Seven Year Itch: Seven Years of Court of Appeals Opinions Applying Dogwood v. White Oak